1988.00.00
Singapore
COMMERCIAL ARBITRATION RULES
As amended and in effect 1 September 1988
INTRODUCTION
Each year, thousands of business transactions take place. Occasionally,
disagreements develop over these business transactions. Many of these
disputes are resolved by arbitration, the voluntary submission of a
dispute to a disinterested person or persons for final and binding
determination. Arbitration has proven to be an effective way to resolve
these disputes privately, promptly, and economically.
The American Arbitration Association (AAA) is a public-service, not-for-
profit organization offering a broad range of dispute resolution
services to business executives, attorneys, individuals, trade
associations, unions, management, consumers, families, communities, and
all levels of government. Services are available through AAA
headquarters in New York City and through 33 offices located in major
cities throughout the United States. Hearings may be held at locations
convenient for the parties and are not limited to cities with AAA
offices. In addition, the AAA serves as a centre for education and
training, issues specialized publications, and conducts research on all
forms of out-of-court dispute settlement.
The parties can provide for the arbitration of future disputes by
inserting the following clause into their contracts:
STANDARD ARBITRATION CLAUSE
"Any controversy or claim arising out of or relating to this contract,
or the breach thereof, shall be settled by arbitration in accordance
with the Commercial Arbitration Rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof."
COMMERCIAL ARBITRATION RULES
As amended and in effect 1 September 1988
Article 1 - Agreement of Parties
The parties shall be deemed to have made these rules a part of their
arbitration agreement whenever they have provided for arbitration by the
American Arbitration Association (hereinafter AAA) or under its
Commercial Arbitration Rules. These rules and any amendments of them
shall apply in the form obtaining at the time the demand for arbitration
or submission agreement is received by the AAA. The parties, by written
agreement, may vary the procedures set forth in these rules.
Article 2 - Name of Tribunal
Any tribunal constituted by the parties for the settlement of their
dispute under these rules shall be called the Commercial Arbitration
Tribunal.
Article 3 - Administrator and Delegation of Duties
When parties agree to arbitrate under these rules, or when they provide
for arbitration by the AAA and an arbitration is initiated under these
rules, they thereby authorize the AAA to administer the arbitration. The
authority and duties of the AAA are prescribed in the agreement of the
parties and in these rules, and may be carried out through such of the
AAA's representatives as it may direct.
Article 4 - National Panel of Arbitrators
The AAA shall establish and maintain a National Panel of Commercial
Arbitrators and shall appoint arbitrators therefrom as hereinafter
provided.
Article 5 - Regional Offices
The AAA may, in its discretion, assign the administration of an
arbitration to any of its regional offices.
Article 6 - Initiation under an Arbitration Provision in a Contract
Arbitration under an arbitration provision in a contract shall be
initiated in the following manner:
(a) The initiating party (hereinafter claimant) shall, within the time
period, if any, specified in the contract(s) give written notice to the
other party (hereinafter respondent) of its intention to arbitrate
(Demand), which notice shall contain a statement setting forth the
nature of the dispute, the amount involved, if any, the remedy sought,
and the hearing locale requested, and
(b) Shall file at any regional office of the AAA three copies of the
notice and three copies of the arbitration provisions of the contract,
together with the appropriate administrative fee as provided in the
Administrative Fee Schedule.
The AAA shall give notice of such filing to the respondent or
respondents. A respondent may file an answering statement in duplicate
with the AAA within ten days after notice from the AAA, in which event
the respondent shall at the same time send a copy of the answering
statement to the claimant. If a counterclaim is asserted, it shall
contain a statement setting forth the nature of the counterclaim, the
amount involved, if any, and the remedy sought. If a counterclaim is
made in the answering statement, the appropriate fee provided in the
Administrative Fee Schedule shall be forwarded to the AAA with the
answering state